Don Mariano Marcos Memorial State University

Mid- La Union Campus

College of Arts and Sciences
“Pursuing Diversified Excellences”

Unfolding the National Sovereignty and Territorial Integrity: National Security

Interests and Goals of the National Security Policy (NSP) 2023-2028

Lo, Benedict Aldrin S.

November 15, 2023

The paper provides a policy analysis on the National Sovereignty and Territorial

Integrity: National Security Policy of 2023-2028. It provides an overview to the recent

policy that later on be subject to criticisms and analysis on the subject. Policy

recommendations will also be presented with viable pivotal points to enable the

readers to comprehend the analysis.

a. Elucidation of Circumstances:

 Historical Overview (Unsettled dispute against China): Philippines despite

winning the 2016 arbitral tribunal, the ruling and international law have

continuously be downplayed to become a bulwark against China's violation of

the Philippine's territorial integrity. Manila has shown less willingness to

overlook Beijing's heightened aggression in the South China Sea after the end of

2019. In reaction to what it believes to be territorial infringement in the Sea, it

has submitted diplomatic protest notes to China. More significantly, Duterte

has undone his sudden revocation in February 2020 of the U.S.-Philippines

Visiting Forces Agreement, which permits the United States to station military

forces in the Philippines and carry out joint exercises with Manila. Duterte put

a stop to the cancellation in June 2020. After that, the United States started

referring to China's claims in the Sea as "illegal," reiterated its alliance with the

Philippines, and asserted that attacks on Philippine forces or vessels in the Sea

are covered by the Mutual Defense Treaty between Manila and Washington. The

conflict in March 2021 over Whitsun Reef in the disputed maritime islands,

during which hundreds of Chinese ships gathered there, sparked further anti-

Chinese sentiment in the Philippines and seems to have further soured

relations. Duterte officially restored the Visiting Forces Agreement to force on

July 30, 2021, by unfreezing it. It is particularly difficult to manage a treaty

alliance with the United States and intermittent conflicts with neighbors, one

of whom is a rising great power, while developing a cogent strategy for the

South China Sea. On the one hand, long-standing cultural affinities and an

alliance bind Manila to Washington. On the other hand, the archipelago must

come to an agreement with Beijing due to geographical and economic

 constraints. The Philippines must simultaneously continue to have positive

relationships with other South East Asian claimants. Furthermore, apparent

conflicts in government policy are frequently the consequence of competing

interests between and within the military and bureaucratic establishment, as

well as the interaction between elite positions and public opinion in the

Philippines. In order to promote cooperation in the face of impasse in a dispute

it is unable to settle on its own, Manila should speak with its neighbors about

matters of mutual concern in both official and informal settings. Examples of

these topics include fisheries management, difficulties facing law enforcement,

and scientific research on environmental issues. Joint resource management

partnerships with neighboring littoral states may be a first step toward more

extensive collaboration. Manila should continue holding bilateral talks with

Beijing to resolve miscommunications and handle conflicts, as well as step up

its efforts to progress Code of Conduct negotiations, in order to promote peace

and stability in the South China Sea. For example, it ought to discuss access

regulations to the disputed areas, which have long been a point of contention

with China. In the event that tensions between the United States and China or

between claimant states rise, it should also fortify risk management

procedures. While none of these actions would end the deeply rooted maritime

conflict, they may lessen the likelihood that maritime incidents will worsen and

result in violence. With that, the NSP 2023-2028 laid a possible solutions on the

enhancement of the sovereignty and territorial integrity of the Phillipines

through the provision of the Self Reliance Defense Posture (SRDP) wherein it

suggests that incentive private sectors shall help promote and scout Filipino

talents for the armed resistance in contingent to the ongoing friction with the

China. Thus, it also provides clauses on the modernization and upgrading the

military strength of the Armed Forces of the Philippines (AFP).

 Sovereignty Challenge (Domestic Conflict): The Islamic State (IS)-affiliated

militants' capture of Marawi in the southern Philippines and the Philippine

government's response to it offer valuable lessons for Australian and other

policymakers regarding force composition, operational principles, and the

range of actions necessary to effectively address the fallout from an urban

takeover. One general finding is that as the world's population becomes more

urbanized and information technologies advance, it becomes more important to

be ready for military operations in urban settings as well as for the narrative

space to become more widely recognized as "the battlefield" by policy and

decision-makers. The Armed Forces of the Philippines (AFP) were ill-prepared

for an urban battle, as demonstrated by the siege, which lasted five months,

leaving the city in ruins and resulting in a significant number of casualties. The

Philippine military and authorities will undoubtedly learn a lot from this, but

other governments and forces may also be able to evaluate how prepared they

are to handle urban operations, either in their own territory or as aiding

partners. This appears to be particularly pertinent when thinking about ways to

support friends that are dealing with similar difficulties, as doing so could

lessen the number of military and civilian casualties in operations down the

road. When planning for the challenges of an emerging threat landscape, the

Marawi crisis provides an instructive instance, given the importance of ideology

and information operations (IOs) in the future operational environment. In light

of this, this research looks at how soft-power IOs and the capability

components of kinetic hard power interact in urban settings. Thus, such

circumstances in the domestic area is subject to the assertion of the country’s

sovereignty through necessary forces to counter attack insurgencies and

terrorism to which threatens the government, in accordance with the United

Nations Charter wherein individual states have the inherent right to such

actions as to protect the sovereignty. Furthermore, the NSP 2023-2028

reiterated to illegalize actions that contribute to the revolutions to the

government. Moreover, in the international aspect which the NSP promotes the

secularization of the Philippines and strengthening the borders. Therefore, the

NSP suggests that the government shall pursue the institutionalization of the

Philippine Navy Maritime Situational Awareness Systems to maintain the

strength of the borders.

b. Discussion of policy options:

 Diplomatic Engagement: The NSP strengthen the relations to other states by

considering the neighboring country’s agreement and discussion in the ASEAN

states. In an effort to maintain Southeast Asia as a region free of nuclear and

other weapons of mass destruction, ASEAN Member States signed the Treaty of

Southeast Asia Nuclear Weapon-Free Zone (SEANWFZ Treaty) on December 15,

1995. The Bangkok Treaty is another name for the agreement. By means of this

agreement, ASEAN reiterates the significance of the Non-Proliferation of

Nuclear Weapons Treaty (NPT) in impeding the spread of nuclear weapons and

bolstering global peace and security. It also signifies the creation of one of the

world's five nuclear weapon-Free Zones (NWFZs)—a NWFZ in Southeast Asia.

The South Pacific, Africa, Central Asia, and Latin America and the Caribbean

comprise the last four NWFZs. The signing and early ratification of the Nuclear

Weapon States (NWS) is welcomed by the Protocol to the SEANWFZ Treaty, as it

will support the promotion of the realization of a nuclear weapon-Free Zone in

Southeast Asia. The process of the NWS joining the Protocol is currently in

progress.

 Military Capability Enhancement (Philippine-Japan bilateral agreement):

With the recent relations with other states, the NSP highlighted the benefits of

such cooperation of strengthening military capacity of the Philippines. This was

true to the bilateral agreement engaged by the Philippines and Japan. During

the visit of Japanese Prime Minister Fumio Kishida to the Philippines last

weekend, Tokyo pledged to enhance its security ties with that country. Kishida

signed a number of agreements with Philippine President Ferdinand Marcos, Jr.

when he was in Manila, including the first defense aid transfer ever made

possible by Japan's new Official Security Assistance (OSA) structure. The first

OSA program will provide the Armed Forces of the Philippines with $4 million

worth of coastal surveillance radars for the Philippine Navy, in contrast to

previous Japanese assistance that gave radars to the Philippine Coast Guard.
 The program's goal is to transfer non-lethal equipment, such as patrol boats

and radar systems, to the armed forces of "like-minded countries." Chief of

Staff Gen. Romero Brawner said in a statement that the radars are a "vital

addition to the AFP's maritime defense capabilities and will bolster our ability

to monitor and protect our extensive coastline, ensuring the safety and

security of our seas." Improving the Philippines' Maritime Domain Awareness is

crucial for keeping an eye on the "important sea lanes" in the South China

water and Luzon Strait, according to a press statement from the Japanese

Ministry of Foreign Affairs regarding the OSA agreement.

 Strengthening the Legal and Policy Framework: Several factors affected the

signing of the Enhanced Defense Cooperation Agreement (EDCA) between the

Philippines and the United States in 2014. The necessity to strengthen the

Philippines' defense capabilities and support its attempts to modernize its

military in the face of escalating regional security concerns was one of the

main contributing causes. The Philippines has long been concerned about

China's territorial claims in the area and its forceful behavior in the South

China Sea. The EDCA was thought to be a means by which the Philippines may

improve its defensive posture and fend off prospective threats. The US pivot to

Asia, which attempted to refocus US military presence and involvement

towards the Asia-Pacific region, was another element that contributed to the

signing of the EDCA. The US saw the Philippines as a key partner in this effort,

given its strategic location and shared interests in maintaining regional security

and stability. Since the EDCA has tremendous implications for both the

Philippines and the United States as well as for regional security and stability,

it is essential to analyze the agreement's goals and significance. This study will

help people comprehend the agreement's possible advantages and

disadvantages as it has been the topic of public discussion and investigation.

For the Philippines' military, the EDCA will have a big impact, especially on how

well it can fend off external security threats. The agreement enables the US to

preposition equipment and supplies in the Philippines and to construct and

maintain facilities on military bases there. This gives the Philippines access to
 cutting-edge military equipment and instruction, as well as improved

information cooperation and sharing. The EDCA also permits collaborative

military training and exercises between the Philippine and US troops, which

may aid in enhancing the latter's capabilities. The Philippines' economy will be

impacted by the EDCA. The pact may aid in increasing US investment in the

nation, notably in the defense industry. Additionally, it might result in more

tourists visiting the area and other economic advantages brought on by the

presence of US military troops. However, the EDCA's critics contend that it

might result in community upheaval and environmental harm, particularly in

places where the US military is deployed. nFor the Philippines' relationship with

China in particular, the EDCA has political ramifications. Some people have

interpreted the agreement as an indication that the Philippines is aligned with

the US and working to thwart China's territorial aspirations in the South China

Sea. As a result, there are now more tensions between China and the

Philippines as the latter sees the pact as a threat to its regional strategic

interests. Domestic political debate over the EDCA has also been sparked by

opposition organizations' claims that it threatens the independence and

sovereignty of the Philippines.

c. Basis/criteria for judging policy options:

 Commitment of the Philippines of NSP: The effectiveness of the NSP can be

criticized in various levels to wit:

The first one at the design space level. This refers to settings where policy is

formulated that facilitate discussions and debates that result in better designs

(Howlett, 2011). The idea behind this is that the more the government intends

to address a problem and the more capable it is of changing the status quo (by

overcoming policy legacies and route dependencies in a particular region), the

more probable it is that the processes used to formulate policies will result in

designs that work (Peters et al., 2018).

 The second level is at the level of the policy-mix or policy instrument. This

describes the degree to which various policy tools, arranged and put together

in "portfolios" or "bundles," cooperate to influence various facets of a policy

objective. The underlying assumption is that characteristics of these policy-

mixes, like goodness of fit, congruence, coherence, and consistency, guarantee

that policy objectives are more closely matched with policy means and can

help create designs that are more successful (Bali and Ramesh, 2018). Although

the majority of previous research on policy tools was on categorizing tools and

the policies of various countries worldwide (Hood 1983; Peters and van Nispen,

1998), more recent research has also concentrated on the characteristics of

certain tools that enhance their impact on the policy target (Howlett, 2018).

Furthermore, it’s too soon to criticize the policy at the moment. Thus, we can

only rely on the provided principles of policy effectiveness. Taking into account

the status quo of the Philippine’s national security, NSP provided clauses that

are vital to ensuring the sovereignty and territorial integrity as it focuses on

the development and modernizing the capabilities of the country.

d. Policy recommendation:

 Fortify International Harmony and Cooperation: The nation will keep

improving and consolidate already-existing alliances, strategic partnerships,

and defense cooperation extending our mutually beneficial diplomatic

interactions. The administration will make the most of the current platforms

and look for alternate channels to keep diplomatic relations with its bilateral

and multilateral partners going to improve collaboration in addressing the

effects of pandemics and other public health catastrophes. At the regional

level, the nation will fortify ties. In addition to the Trilateral Cooperation

Agreement with Malaysia and Indonesia now in place, which has helped to

increase stability in the Sulu-Celebes Via ASEAN's numerous forums, the

Philippines will continue to work with ASEAN to support joint patrols, maritime

drills, intelligence sharing, regional security, and stability. In order to

 successfully manage the current pandemic emergency and prevent future ones,

cooperation will also be strengthened.

 Implementation of Modern and Independent Military Posture: The protection

and preservation of the nation's territorial integrity, sovereignty, and sovereign

rights depend on the development of a credible, self-reliant defense posture.

By assuring ongoing budgetary support for these programs, the government will

fully implement the Armed Forces of the Philippines (AFP) Modernization

Program and the AFP Capabilities Upgrade Program. By conducting patrols and

operations for law enforcement in Filipino maritime jurisdiction and by

establishing domain awareness platforms, air and marine domain awareness

will also be strengthened. Several types of structures that can be utilized for

territorial defense operations, preserving maritime resources, gathering

information, etc. To boost the AFP's presence on Philippine-owned islands and

features, civilian purposes would be developed. In order to increase its size,

particularly in times of crisis, the AFP will also strengthen the Reserved Forces

and the Reserved Officers Training Corps (ROTC) Program.

 Strengthening the Borders and Information Dissemination on the residents

within the vicinity: The government will implement this policy to combat

environmental deterioration, provide food security, and protect the livelihood

of local fishermen. According to current domestic legislation, particularly the

Expanded National Integrated Protected Areas System Act of 2018 (RA 11038),

the military and related civilian national government agencies, local

governments, and nonprofit organizations will be responsible for managing and

enforcing MPAs. In order to do this, the government would purchase sea vessels

to facilitate navigation, build bases, assist the organization and operations of

bantaydagat, and carry out marine scientific research in these regions.

Although MPAs are regarded as national projects, the Philippines would

additionally seek out transnational and regional cooperation with for better

administration and management of the waters, consult with your neighbors.

Therefore, a strong national consensus and a common knowledge or

appreciation of the national security goals and objectives are crucial for the
 implementation of national security to succeed. This serves as the foundation

for group action, which opens the door for a really cooperative national

campaign to address the most urgent national security issues facing the nation.

The population of the Philippines must be adequately informed about the

government's goals and intentions in order to foster a culture of unity and

cohesion at the national level. The government must create a national security

strategy that allows for continued domestic and international public safety

provision while paying attention to public outcry. By encouraging the

participation of important social sectors, such initiatives will be crucial in

regaining public confidence. Such policies, which promote the participation of

pertinent social sectors, would help restore public confidence in government

by encouraging accountability and openness in the execution of national

security plans and programs.

 War as a Contingency Plan: Although it was stated in the Article 2 Section 2 of

the 1987 Constitution that “The Philippines renounces war as an instrument of

national policy, adopts the generally accepted principles of international law

as part of the law of the land and adheres to the policy of peace, equality,

justice.”

It also provides the doctrine of incorporation clause where the Philippines shall

adopt the principles of international law as to act in accordance with it to

defend itself in times of war under the Article 51 of the United Nations

Charter. It provides that states shall have the inherent right to defend itself

from an armed attack from other states to protect its sovereignty and

territory. Thus, the clauses provided by the NSP 2023-2028 seems promising in

terms of preparation for enemy attacks and modernizing the military capacity

of the Philippines.